Joe here, I’d like to pass on some good news from a teacher in Nagasaki but first give a bit of background.
This list was originally a Yahoo groups and was started 25 years ago to support foreigners in a labor dispute with the Prefectural University. When you talk about labor disputes, especially in Japan, it is often difficult to count clear victories: It’s more provisional decisions that may help people in the future, but usually, the stronger side will simply wait out the weaker side and this was the case with the foreign teachers who struck at the prefectural university some 25 years ago.
However, I’m happy to report what seems to be a clear victory in Luc Loosveldt’s case against Nagasaki University. Below is his message about the case.
===== Good afternoon to you all. The labor dispute with Nagasaki University has finally been resolved for about five years. But did they really work it out?� As you may know, in 2019 Nagasaki University illegally terminated my employment. In January of this year, the Nagasaki District Court made it clear that the university’s decision not to renew my contract and its basis is illegal. Court also ruled that I should be returned to duty and the uni be punished accordingly. The Nagasaki Court did not clearly mention whether Nagasaki University violated the 2013 amendment to the Labor Act implemented in 2014, but their interpretation was incorrect and ordered the University to change the previous fixed employment contract to a permanent employment contract.
Nagasaki University has handed over to the Fukushima High Court and a conciliation agreement was proposed in accordance with Japanese law. During the initial discussion, the Fukuoka judge was happy to agree that the settlement money should exceed the long-term ruling. To my surprise, Nagasaki University was very cooperative.
On Friday the 15th, just before the press conference in Nagasaki, we reached an agreement with the university side. The university has slightly relaxed some requirements, but the judge has supported our demands and urged to include provisions that ensure the university adheres to the conciliation agreement in good faith. There may be a bit of sweat on universities, but lawyers on the college side say they’re committed to a settlement agreement.
Overall we had a good result. The result is said to bring hope to staff in similar circumstances and shows a potential pathway forward. Not perfect, but an important step in the right direction.� A big thank you to all who supported us silently or publicly. Everyone’s support was very important. I’ve learned a lot about the value of unconditional friendship and compassion from friends, former students, colleagues, and family. Thank you so much! It’s been a long journey, but the result of a great lawyer, a tireless union leader, and a strong, smart, beautiful wife all working tirelessly towards this great outcome.
Attached are links to articles reporting our case. Please share to as many people as possible. It is very important for people to be aware of issues related to Japanese Fixed Employment Agreements and measures taken by the Japanese Government to prevent abuse by specific employers.
[note: I include the links in the first comment. If this topic is important to you, I recommend downloading the articles and saving them, Japanese articles are often moved behind a paywall after a short period of time]